- (1.) UNDER challenge in this appeal is the judgment and order dated 21.02.2011 passed by the learned Special Judge (SC/ST Act)/Additional Sessions Judge, Lucknow in Sessions Trial No. 738 of 2006, arising out of Case Crime No. 389 of 2005, Police Station Madion, District Lucknow, whereby the appellant was tried, and convicted for the offence under Section 366 I.P.C. read with Section 3 (1)(xii) of the SC/ST Act, and sentenced to undergo rigorous imprisonment for a period of three years and also with fine of Rs. 2,000/ -. For the offence under Section 376 I.P.C. read with Section 3 (1)(xii) of the SC/ST Act, and was sentenced to undergo rigorous imprisonment for a period of seven years and also with fine of Rs. 3,000/ -. Both the sentences were directed to run concurrently.
(2.) IN brief the case of the prosecution was that complainant Munna Lal lodged a typed F.I.R. On 23.12.2005 at Police Station Madion District Lucknow stating therein that his minor daughter aged about 16 years (hereinafter referred as the victim) has been enticed away by appellant Chand Mohammad on 6.9.2005. He has already given an information to this effect at the police station and has also met the District Magistrate for recovery of his daughter. Thereafter under the pressure of the police, the appellant on 13.9.2005, in the night left his daughter outside his house. His daughter told him that on 6.9.2005 when she was going to the medical store to purchase tablets then Chand Mohammad was standing by the side of the road in a car. He forcibly dragged the victim inside the car and went away. She was kept concealed at some unknown place. After beating her, rape was committed with her. She also told that her condition was bad and she was having a lot of pain. The appellant frequently extends threats to the complainant that in case of any report, they shall be killed. It was also mentioned in the F.I.R. that threats were also extended to the effect that after she becomes major then she shall again be kidnapped. The victim also told her father that her signatures have been obtained on blank papers. The complainant made efforts to get his F.I.R. lodged at the police station. When his effort failed to get the F.I.R. lodged, then he moved an application on 17.9.2005, addressed to S.P., Lucknow. On the basis intervention of S.P., Lucknow, F.I.R. of this case was lodged on 23.12.2005 at 17:05 hours and the victim was medically examined on 16.1.2006. In her medical examination, no mark of injury on any part of her body was found. Axillary and pubic hairs were well developed. Breast were well developed. On her internal examination, no mark of injury on any part of the body was found. Hymen was old torn and healed. Vagina admitted two fingers. Vaginal smear slide was prepared and x -ray was advised. On the basis of these tests, her age was reported to be 18 years and no definite opinion regarding rape could be given. The Investigating Officer inspected the place of occurrence and after completing the investigation, charge sheet was filed.
(3.) THE case of the defence was of total denial. He claimed himself to be innocent. He has stated that the victim was major and because of the politics of Mohalla, he has been falsely implicated in this case. It has further been submitted that the victim was having love affairs with the appellant. She has written several love letters. There was also a compromise between the parties, which was executed in writing, before the S.H.O. concerned and was signed by the complainant, victim and present appellant and some other witnesses. The said compromise was on record as the same was filed in defence. The witnesses have admitted the execution of this compromise. In order to prove its case, the prosecution has examined PW -1 the victim, PW -2 Munna Lal Kannojia, PW -3 Constable Ashok Kumar, who has prepared chik report and G.D. of the registration of the case. PW -4 Dr. Rashmi Gupta, who has medically examined the victim. PW -5 S.S.I. N.K. Pandey, who has investigated the case.;